STIPULATION AND ORDER TO DISMISS ENTIRE ACTION WITHOUT PREJUDICE

ECF No. 8

JENNIFER A. DORSEY, District Judge.

Plaintiff, EDWARD ORDONEZ and Defendant, BRINKER INTERNATIONAL PAYROLL COMPANY, LP (erroneously sued as Brinker Nevada, Inc. dba Chili's Grill & Bar)("Defendant"), by and through their respective counsel of record, with reference to the following:

WHEREAS, on or about June 27, 2016, Plaintiff completed an employment application containing an agreement to arbitrate all disputes arising out of or relating to Plaintiff's employment, or termination of employment ("the Arbitration Agreement");

WHEREAS, on or about June 24, 2019, Plaintiff filed a Complaint in the United States District Court, District of Nevada, alleging violation of the Americans with Disabilities Act, 42 U.S.C §12101, et seq., Family Medical Leave Act, 29 U.S.C. §2601 et seq., and NRS 613.330 et seq.

WHEREAS, Plaintiff and Defendant agree that the claims should be arbitrated;

IT IS HEREBY STIPULATED by and between Plaintiff and Defendants and ORDERED, as follows:

1. The Action, in its entirety, shall be submitted to binding arbitration pursuant to the terms of the Arbitration Agreement;

2. That the filing of the Complaint in this matter on June 24, 2019 shall constitute Plaintiff's timely demand for arbitration pursuant to the terms of the Arbitration Agreement; and

3. All proceedings in this Action shall be dismissed.

Each party shall bear its own costs and fees for the claims dismissed by this Stipulation and Order.

ORDER

Based on the parties' stipulation [ECF No. 8] and good cause appearing, IT IS HEREBY ORDERED that THIS ACTION IS DISMISSED without prejudice, each side to bear its own fees and costs. The Clerk of Court is directed to CLOSE THIS CASE.